Resolution CM/ResDH(2017)391
Execution of the judgment of the European Court of Human Rights
Ziembiński (No. 2) against Poland
(Adopted by the Committee of Ministers on 22 November 2017
at the 1300th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
1799/07
ZIEMBIŃSKI (No. 2)
05/07/2016
05/10/2016
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established;
Noting that the Court found a violation of Article 10 of the Convention on account of the domestic courts’ failure to provide relevant and sufficient reasons to justify the applicant’s conviction to a fine for insult;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)811);
Having noted that the issues related to the conviction of journalists for defamation continue to be supervised by the Committee in the framework of the Kurlowicz group;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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